OSG Repository: Recent submissions
Now showing items 281-300 of 1080
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CAR AND GENERAL TRADING LIMITED VS. TAJIRI MOHAMED. CIVIL APPLICATION NO. 34/18 OF 2021
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-08-25)Held i.security as one o f the conditions for the due performance of the decree should an intended appeal fail, security among other reasons is meant to safeguard the interests o f the judgment creditor in the event the ... -
SERENGETI BREWERIES LIMITED VS. JOSEPH MAIGE MASHAURI. CIVIL APPLICATION NO. 271/05 OF 2019
(THE COURT OF APPEAL OF TANZANIA, MOSHI., 2022-09-22)Held: (i) Conceivably, once the deposited funds are released to the respondent, they may not be easily recoverable from the respondent who is an individual with no known assets in the event that the applicant succeeds in ... -
RUTH MAKARANGA VS. SALUM AYUBU CIVIL APPLICATION NO. 363/17 OF 2021
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-13)1. As a general rule it is the duty of the applicant to lodge with the Court a complete record of the proceedings sought to be revised as stated in the case of Zanair Limited and Another v. Hassan & Sons Ltd, Civil Application ... -
AUSTACK ALPHONCE MUSHI VS. BANK OF AFRICA TANZANIA LTD AND ANOTHER. CIVIL APPLICATION NO. 644/06 OF 2021
(THE COURT OF APPEAL OF TANZANIA, MBEYA., 2022-09-28)(i) An error on the face of the record essentially envisages a plain error that is obvious, discernible, and substantial. After the Court perusal of the notice of motion and its supporting affidavit has not been able to ... -
FINCA TANZANIA LIMITED VS. HASSAN LOLILA CIVIL APPLICATION NO. 165/18 OF 2021
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-08-26)1. The law is very settled and clear in this jurisdiction that, in order for the applicant to succeed to prompt the court to exercise its discretion under rule 63(3) of the Rules to restore an application which was dismissed ... -
GURMIT SINGH VS. MEET SINGH AND ANOTHER CIVIL APPEAL NO. 256 OF 2018.
(THE COURT OF APPEAL OF TANZANIA, ARUSHA., 2022-12-03)In the light of the foregoing, we are constrained to answer the sole issue discussed in this judgment in the affirmative. We have come to such conclusion upon being satisfied that the appellant was wrongly denied his ... -
MUFINDI PAPER MILLS LIMITED VS. IBATU VILLAGE COUNCIL AND 3 OTHERS CIVIL REVISION NO. 555/17 OF 2019
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-19)We are, in this case settled in our mind that whereas the applicant was not made a party to the proceedings, nevertheless the title that she claimed in the suit land was extinguished without her being heard. On account of ... -
LUCKSON RUTAFUBIBWA KIIZA (The administrator of the estate of the late Angelina Bagenyi VS. ERASMUS RUHUNGU (The administrator of the estate of the late Gaudensia Rwakailima. CIVIL APPEAL NO. 375 OF 2021
(THE COURT OF APPEAL OF TANZANIA, BUKOBA., 2022-07-12)Held 1. "It is a cardinal principle of natural justice that a person should not be condemned unheard but fair procedure demands that both sides should be heard: audi alteram partem. In this country, natural justice is ... -
SWALEHE JUMA SANGAWE (As administrator of the Estate of the Late JUMA SWALEHE SANGAWE AND ANOTHER VS. HALIMA SWALEHE SANGAWE. CIVIL APPEAL NO. 82 OF 2021
(THE COURT OF APPEAL OF TANZANIA, MOSHI., 2022-10-03)HELD; 1. It is, therefore, our finding that she had no standing to institute the proceedings in the trial court. 2. The trial court obviously slipped into error by allowing her to maintain her action in her own name ... -
THE REGISTERED TRUSTEE OF SOS CHILDREN'S VILLAGES TANZANIA VS. IGENGE CHARLES AND 10 OTHERSCIVIL APPLICATION NO. 426/08 OF 2018
(THE COURT OF APPEAL OF TANZANIA, MWANZA., 2022-07-13)Held: 1. The administrator of the estate of the deceased can sue as a personal and legal representative of the deceased and not in his own name and capacity. 2. Locus standi is a principle which is governed by common ... -
ABDUL IBRAHIM VS. AYUBU MWALEMBA AND ANOTHER. CIVIL APPLICATION NO. 642/06 OF 2021
(THE COURT OF APPEAL OF TANZANIA, MBEYA., 2022-10-05)HELD: 1. With great respect, the preliminary objection which concerns with time bar to the present application is misconceived. Frankly speaking, I did not understand if Mr. Mwanri meant it that, an application for extension ... -
RAYMOND OBED KITILYA VS. THE COMMISSIONER FOR LANDS MINISTRY OF LANDS, HOUSING AND HUMAN SETTLEMENT AND 2 OTHERS . CIVIL APPEAL NO. 85 OF 2016
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-13)Held; 1. It is now settled that the time limit within which to serve letters requesting documents from the Registrar is thirty days (30) from the date of lodging notice of appeal as intimated under Rule 90(1) of the Court ... -
JITESH JAYANTILAL LADWA AND ANOTHER VS. DHIRAJLAL WALJI LADWA AND 2 OTHERS. CIVIL APPEAL NO. 435 OF 2020
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-08-26)Held; i. Interlocutory orders are one that do not completely dispose of all issues o f law and fact that were presented to the court and the proceedings from which they emanate interlocutory proceedings. ii. No appeal ... -
MS. FARHIA ABDULLAH NUR VS. ADVATECH OFFICE SUPPLIES LIMITED AND OTHERS CIVIL APPLICATION NO. 182/16 OF 2021
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-08-24)Held; i. It is common knowledge that security is provided so as to protect the respondent from facing difficulties or impossibility of realising the decree in case the intended appeal fails -
ISSA OMARI MAPESA VS. JUMANNE SEBARUA. CIVIL APPLICATION NO. 189/01 OF 2021
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-12)Held; 1. Submissions are not evidence but information expounding on the general features of the party's case. The Court restated this principle based what was decided in the case of Khalid Mwisongo v. M/S Unitrans (T) ... -
SWALEHE JUMA SANGAWE (As administrator of the Estate of the Late JUMA SWALEHE SANGAWE AND ANOTHER VS. HALIMA SWALEHE SANGAW. CIVIL APPEAL NO. 82 OF 2021.
(THE COURT OF APPEAL OF TANZANIA, MOSHI.., 2022-10-03)HELD; 1. It is, therefore, our finding that she had no standing to institute the proceedings in the trial court. 2. The trial court obviously slipped into error by allowing her to maintain her action in her own name ... -
THE REGISTERED TRUSTEE OF SOS CHILDREN'S VILLAGES TANZANIA VS.IGENGE CHARLES AND 9 OTHERS.CIVIL APPLICATION NO. 426/08 OF 2018
(THE COURT OF APPEAL OF TANZANIA, MWANZA., 2022-07-13)Held: 1. The administrator of the estate of the deceased can sue as a personal and legal representative of the deceased and not in his own name and capacity. 2. Locus standi is a principle which is governed by common ... -
RAYMOND OBED KITILYA VS. THE COMMISSIONER FOR LANDS MINISTRY OF LANDS, HOUSING AND HUMAN SETTLEMENT AND 2 OTHERS. CIVIL APPEAL NO. 85 OF 2016.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-13)Held; 1. It is now settled that the time limit within which to serve letters requesting documents from the Registrar is thirty days (30) from the date of lodging notice of appeal as intimated under Rule 90(1) of the Court ... -
AMIE SADICK SANGA VS. NATIONAL BANK OF COMMERCE LIMITED. CIVIL APPLICATION NO. 105/17 OF 2021
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-12)Held; 1. The courts reinforced the principle stated in the case of Barclays Bank (T) Ltd. v. Hood Transport Ltd & Another, Civil Application No. 134 of 2014 (unreported) " We need to point out that, in essence; essential ... -
MATHEW MLAY VS. RASHID MAJID KASENGA. CIVIL APPLICATION NO. 354/17 OF 2020
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-08-26)Held; i. It is common ground that appeals that do not automatically lie to the Court, may only be preferred with leave or certificate on point of law. ii. Certificate on a point of law becomes a requirement when a party ...
